As a result of the COVID-19 pandemic, many mediators found it necessary to temporarily conduct their mediation sessions online. Today, the use of video conferencing tools to conduct mediation is widespread across practice areas. In this article, we'll explore how virtual mediation works, potential advantages and limitations, and what to consider when searching for a virtual mediation provider.
What is Virtual Mediation?
Virtual mediation follows the same process as traditional mediation, except it takes place online rather than in person. Mediation is a voluntary, neutral, and confidential process in which a neutral mediator helps parties to collaborate on a settlement agreement. The neutral mediator helps facilitate and guide the discussion between parties but does not impose a binding decision to resolve the dispute. Instead, the parties themselves help determine how the mediation unfolds, and they have the final say in how the session resolves, whether they settle some or all of the dispute or reach no settlement at all.
Virtual mediation is a widely accepted format for dispute resolution and can be used for all types of mediation, including family matters and business disputes across industries.
How Does Virtual Mediation Work?
The Virtual Mediation Format
Virtual mediation is conducted through video conferencing tools such as Zoom, Microsoft Teams, and Webex. The mediator or administering organization typically selects video conferencing software based on security features, compliance standards, and access to features relevant to the mediation process, such as breakout rooms.
Types of Virtual Rooms
Virtual mediations sometimes begin with a joint session in the main virtual room, including the mediator, the parties and representatives, and their legal counsel. The main room serves as the central meeting space, where participants can convene together at any point during the mediation process.
During the mediation session, the parties may separate into breakout rooms. Just like in a traditional in-person mediation session, the parties may choose to discuss matters with their counsel or the mediator privately. During the mediation session, the parties may move between the main room and breakout rooms while working towards settlement.
The Mediation Process
Mediation provides a structured and efficient framework for conflict resolution. Before the virtual mediation begins, the mediator is selected, and the time and video conferencing session details are established. Although formal evidence isn’t required, parties may exchange documents or provide the mediator with relevant information beforehand.
Like an in-person mediation session, the mediator will typically begin the virtual session by introducing themselves to all parties and explaining the applicable rules and expectations, as well as how the mediation process will unfold. The mediator may then encourage the parties to discuss the issues together or continue in separate breakout rooms. The mediator will ask questions to facilitate a productive discussion and help the parties explore options for resolution. For more details on how mediation works in general, visit our article exploring the mediation process.
Settlement and Document Signing
If an agreement between the parties is reached during the session, the parties may prepare and electronically sign a settlement agreement using a secure e-signature platform, such as Docusign. The parties and their counsel can review and finalize the agreement digitally during the virtual session, with the mediator assisting as appropriate.
Potential Benefits of Virtual Mediation
Conducting mediation through video conferencing tools may have certain advantages, depending on the specific circumstances of the dispute. Potential benefits include:
Greater Flexibility and Convenience – With sessions conducted remotely, participants often have greater flexibility to schedule a session that fits conveniently with their and the mediator’s schedule.
More Accessible for International and Long-Distance Sessions – Remote mediations can make sessions involving parties from different countries, states, or cities more accessible and allow these sessions to be scheduled faster.
Cost and Time Savings – With no need to pay for travel expenses or other accommodations, virtual mediation can allow parties to save on time and costs.
Potential for Less Stress – While not true in every circumstance, some parties may prefer to participate in mediation remotely from a more comfortable, relaxed environment, such as their home. In certain disputes, the parties may also feel more comfortable not being in the same room physically as the opposing side.
Potential Limitations of Virtual Mediation
Although virtual mediation sessions can have certain advantages compared to a traditional in-person approach, there are also limitations to the technology. Depending on the circumstances of the dispute, these potential drawbacks may include:
Technology Challenges - When participating in mediation remotely, parties require a reliable internet connection, clear audio, and familiarity with the video conferencing tools used during the session. If technical challenges arise during the session, they can potentially disrupt the mediation or cause the session to be rescheduled.
Greater Potential for Distractions - When participating in mediation remotely from home or another location, parties may encounter distractions that can make it more difficult to remain fully focused on the session. Interruptions from other people, background activity, notifications, or other demands in the surrounding environment may affect concentration or the flow of discussion.
Potential Confidentiality Issues - Virtual mediation can introduce additional confidentiality considerations, such as unauthorized recording of the session or other individuals being present offscreen. Mediators can establish expectations and procedures at the outset of the session to help address these concerns. When mediation is administered by an established alternative dispute resolution organization, additional rules, procedures, and technology practices may also help protect the confidentiality of the process.
What to Look for in a Virtual Mediation Provider
Whether in-person or virtual, mediation is best supported by an established administering organization and an experienced professional mediator with relevant expertise. At the American Arbitration Association® (AAA®), we offer a panel of mediators with experience across a range of practice areas, including business-to-business, employment, consumer, and family matters. As one of the nation's largest and most trusted mediation providers, we administered mediations involving $2.4 billion in dispute in 2025.
Across our 2025 mediation cases, 64% had a virtual component. At the AAA, we offer flexible and streamlined procedures to accommodate the needs of each case, and mediations may take an in-person, virtual, or hybrid approach, as appropriate. Learn more about our robust mediation panel, our effective mediation rules and procedures, and how to prepare for or file a mediation case at the AAA: